Forty-Sixth Report of Session 2019-21 Contents

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Appendix 2

Draft S.I.

Single Use Carrier Bags Charges (England) (Amendment) Order 2021

1.The Committee has asked the Department for Environment, Food and Rural Affairs for a memorandum on the following point:

Under article 1(2), the Order comes into force on the day after the day on which it is made. Explain why it is considered this will allow sufficient time for those affected to comply with the new requirements introduced by the Order

2.Clause 1(2) of the draft instrument provides that its provisions come into force on the day after the day on which the instrument is made. In the Government’s view this is appropriate because:

2.1A policy consultation was held from 27 December 2018 to 22 February 2019, and the Government published its response in August 2020. The response stated the Government’s intention to extend the obligation to charge for a single-use carrier bag from just large retailers (>250 employees) to all retailers and to increase the minimum charge to 10p (although many retailers already charge more than the mandatory 5 pence). The response also made clear that the extension and increase of the charge would enter into force in April 2021.

2.2This announcement was widely publicised in the national press, and Defra considers it reasonable to assume that businesses are aware of the Government’s intention to bring these changes into force in April 2021.

2.3In light of the Government’s clear statement of its intention to legislate, Defra does not expect that businesses will wait until after the instrument has been made before taking any steps needed to adapt to the changes required. Defra envisages that many businesses will have already done so or will do so following the publication of the draft instrument.

2.4Defra has recently written to stakeholders (e.g. retailers and trade associations) to inform them of the changes being made by the Order and when it is likely to come into force.

2.5Defra will also share an advance version of guidance that will be published online once the draft instrument has passed parliamentary scrutiny directly with trade associations (e.g. the British Retail Consortium and the Association of Small Shopkeepers). This draft guidance will explain the changes being made and the expected coming into force date (30 April subject to Parliamentary approval of the draft instrument being obtained before that date). In terms of timing, the draft guidance will be shared within a reasonable period (at least 21 days) ahead of the expected coming into force date.

3.Taking all these matters into account the Government considers the commencement provision to be appropriate, having regard also to the public interest in the provisions in the draft instrument coming into force without delay.

Department for Environment, Food and Rural Affairs

30 March 2021